Abused youth eligible for green cards are being detained and deported despite protections
Key Takeaways
- It has been reported that ICE (Immigration and Customs Enforcement) detained 265 and deported 132 youths with Special Immigrant Juvenile Status (SIJS) between Jan. 20 and Dec. 22 of last year, according to a DHS letter.
- SIJS is a pathway to a green card for minors who were abused, abandoned or neglected; many recipients had been shielded from removal through deferred action because of visa backlogs.
- In June, USCIS (U.S. Citizenship and Immigration Services) moved to end deferred action for SIJS recipients; that policy pause is currently subject to litigation and a court hold.
- Advocates say the removals tear children away from stable placements and legal pathways to residency; attorneys are fighting some deportations, including of a 16‑year‑old sent to Guatemala after being granted SIJS.
What the government data shows
It has been reported that the Department of Homeland Security told Sen. Catherine Cortez Masto in a letter that ICE detained 265 youths with SIJS and that 132 of them were deported in the period from Jan. 20 to Dec. 22 of last year. DHS said the deported youths were accused of immigration violations such as being in the country without admission or lacking visas. The figures were disclosed to NBC News and have alarmed advocates who expected SIJS recipients to be largely protected while awaiting available visas.
Legal background and policy change
Special Immigrant Juvenile Status (SIJS) was created by Congress in 1990 to give abused, abandoned or neglected minors a path to lawful permanent residence (a green card). Applicants must be under 21 when they petition and must have juvenile-court findings that returning to their home country is not in their best interest. Because green-card availability has lagged, many SIJS recipients had been shielded from removal through deferred action — a discretionary, temporary stay from deportation that also allows work authorization — a practice used since about 2022 to avoid tearing families and placements apart while visa backlogs stretched on.
In June, U.S. Citizenship and Immigration Services (USCIS) announced that Congress “did not expressly permit deferred action and related employment authorization” for SIJS recipients and moved to end the practice. That policy change is currently facing legal challenges and, as reported, remains on hold while courts consider the matter. USCIS said that juvenile-court findings and backlog-related delay were not “sufficiently compelling reasons” to continue deferred action; advocates strongly dispute that characterization.
Human impact and next steps for affected youths
Advocates warn that detentions and deportations disrupt placements where youths were living with foster families or relatives and cut off work authorization, schooling and mental‑health care. “They are tearing them away from the stability that they’re in, the lives that they’re building on their pathway to permanent protection,” said Rachel Davidson of the End SIJS Backlog Coalition. One high‑profile case involves a 16‑year‑old, identified in court filings as Elias, who was deported to Guatemala in May despite having been granted SIJS in July 2024; attorneys are seeking his return. According to court documents, Elias allegedly suffered severe abuse and neglect before arriving in the U.S.
What this means for someone navigating the system now: SIJS recipients and applicants should speak with qualified immigration counsel immediately, monitor the status of pending litigation over deferred action, and keep juvenile-court and USCIS documentation readily available. Lawmakers and advocates are pressing for statutory fixes and administrative guidance; in the meantime, detained youths and their families face urgent legal battles to prevent removal or to secure reentry.
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